Germany: freedom to work remotely may become a right

Workers in Germany are increasingly demanding the right to work from home, as people consider the opportunity to work in complete independence and concentration, to avoid traffic jams and achieve a better work-life balance. However, this flexible work arrangement is not very commonplace in the country. According to weekly news magazine Der Spiegel, Björn Böhning of the SPD party, and secretary of state at Germany’s employment ministry, would like to alter the situation and introduce the right to remote work. Companies will have to grant the right of remote working to those who request it and explain their decision if they refuse. The test balloon launched by the secretary of state sparked a debate in the country as to whether such a law is necessary. Planet Labor has looked more closely at the existing situation: what is the existing legal framework? How many workers do so remotely and how many would like to? What obstacles stand in their way?
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Willingness on both sides. At present, there is no specific law in Germany that provides a framework for working from home (“Homeoffice”), defined as a working arrangement allowing an employee to do their work either entirely or partly in a private environment. Permission to work remotely is not a right and anyone who wishes to do so requires the consent of their employer, unless this form of work is enshrined in a company agreement. Meanwhile employers cannot force employees to work from home, meaning that remote work relies on a willingness on both sides. As a general rule, permission to work from home is granted through an amendment to an employment contract.

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